Recind-CC dispute question

[Continental_Drifter]

Hello All,
Another Recinder here with a question regarding our credit card dispute.

Capital One, is asking us for these items to be mailed to them in support of our dispute.

1. return reciepts or proof of return
--USPS reciept with postmark--(we have this postmarked within recission period)
2. additional docs
--emails sent, statments, etc--(we have these)
3. merchant's refund policy
--complete set of contract docs--(we have this too)

4. A second opinion from a similar merchant, on company letterhead and signed by the person who provided the opinion

-- How do we go about getting a second opinion? Has anyone dealt with a credit card dispute that asked for something like this? Is there anyone on the board who might beable to provide us with a signed second opinion?

Im not exactly certian that this is actually needed, since we did recind the contract within our 5 days period. But the credit card company did ask, so I wanted to see if this is common practice.

thanks in advance,
-CD

 

[DeniseM]

Welcome to TUG!

Is the seller refusing to honor your rescission? They should refund your money to your credit card - you shouldn't have to dispute it with your credit card, unless the seller refuses to honor the rescission. What resort did you rescind?

Personally, I think #4 is bogus. Instead, I would send a copy of the rescission law for the state where you bought. Someone here can probably help you with that if you give us a little more info.

 

[Continental_Drifter]

Welcome to TUG!

Is the seller refusing to honor your rescission? They should refund your money to your credit card - you shouldn't have to dispute it with your credit card, unless the seller refuses to honor the rescission. What resort did you rescind?

Personally, I think #4 is bogus. Instead, I would send a copy of the rescission law for the state where you bought. Someone here can probably help you with that if you give us a little more info.

Yes, although we have proof that the documents were mailed back within the 5 day period AND notified the seller by email, The Enchantment Residence Club in Los Cabos, is claiming that we did not cancel the contract in time.

The Enchantment is a new development of the The Mamann Group, which seems to be a relatively new company. The property was very nice, and we wouldn't have canceled the contract if we hadn't found out we had been lied to.

When we got home, we started planning our next vacation and began looking into exhanges. The Enchantment included a 2-year membership in II as part of the purchase agreement. However, when I contacted II, I found out that the Enchantment is not listed with II.

From there everything else started to unravel, and when we tried to get answers to questions, they were not forthcoming.

Lucky for us, like many others, we found this forum

 

[DeniseM]

OK - since this is a Mexico timeshare, I'm moving your post to the Mexico Board where you will get expert help. There is an agency that deals with Mexican Timeshare problems and you need to contact them ASAP. See the posts at the top of the Mexico board for all the info.

Good luck!

 

[FlyerBobcat]

Rescission of Mexican timeshare purchases & Remedies for Fraud

Lucky for us, like many others, we found this forum

Take a look here:

http://www.tugbbs.com/forums/showpost.php?p=19045&postcount=10

 

[Continental_Drifter]

Hi Denise, Hi Tom,

Thanks for the quick resposne. We spent a couple of long evenings scouring the tug bbs, before taking any actions.

We learned about PROFECO from this site. The "Scammed by Mayan Palace..." by nyc149 was especially helpful. The day we returned the docs, we filed a dispute with the cc company and started the paperwork for the claim with PROFECO.

Much of the documentation we collected for the PROFECO claim is also being sent to the cc company. I think we have enough supporting documentation, but I was concerned about the "second opinion" thing.

 

[FlyerBobcat]

Much of the documentation we collected for the PROFECO claim is also being sent to the cc company. I think we have enough supporting documentation, but I was concerned about the "second opinion" thing.

Sounds like you're well on your way..... Good luck!

 

[Dave M]

You should send the docs that you do have to the credit card company. Ignore the 4th item. Send a very short letter along with the docs (or fill out the form they sent to you) that shows (1) where the cancellation policy wording is and (2) references your return receipts that prove you canceled within the allowable timeframe.

Make it easy for the credit card company. If they have to hunt for the relevant info, they might miss the important stuff.

But keep it short. Too much writing and they might glaze over the important stuff.

 

[theo]

What's in YOUR wallet...???

4. A second opinion from a similar merchant, on company letterhead and signed by the person who provided the opinion

You've already received some good input and guidance on how to proceed.

When all is said and done and you have successfully resolved this matter, I'd say GOODBYE to this credit card issuer. The (above quoted) artificial hurdle which they attempted to place in your path is unreasonable and unnecessary. The right to rescind is a matter of well established law.
A "second opinion from a similar merchant" is totally meaningless and completely irrelevant --- even when expressed "on company letterhead".